INDER SINGH Vs. STATE OF H P

JUDGEMENT

(1.) The instant appeal stands directed against the impugned judgment of 13.12.2013 rendered by the learned Sessions Judge, Shimla-cum-Special Judge under Protection of Children from Sexual Offences Act, 2012 in Sessions trial No. 22-S/7 of 2013, whereby the learned trial Court convicted the appellant (hereinafter referred to as "accused") for his committing offences punishable under Sections 376, 506(B), 342 of the Indian Penal Code and Sections 8 and 12 of Protection of Children from Sexual offences Act, 2012 also sentenced him as under:-

(2.) Brief facts of the case are that on 26.11.2012 at about 7.00 a.m. at place Galchu P.O Jagtan Tehsil and Police Station, Jubbal District Shimla inside kitchen and again at 9.00 a.m. inside room accused had committed forcible sexual intercourse upon the minor prosecutrix/his daughter aged fifteen years. It is further alleged that continuously since one year prior to the incident of 26.11.2012 the accused had committed forcible sexual intercourse upon the minor prosecutrix. It is further alleged that on the aforesaid date, time and place accused threatened the minor prosecutrix to do away with her life. The accused also threatened her that in case she narrated the incident to anybody he will kill her. It is further alleged that accused on the same date time and place wrongfully confined the minor prosecutrix in order to commit forcible sexual assault upon the minor prosecutrix. On completion of all codal formalities and on conclusion of the investigation into the offences, allegedly committed by the accused challan was prepared and filed in the Court.

(3.) The accused stood charged by the learned trial Court for his committing offences punishable under Sections 376, 506(B), 342 of I.P.C and Sections 8 and 12 of Protection of Children from Sexual Offences Act, 2012, to which he pleaded not guilty and claimed trial.